Justia Massachusetts Supreme Court Opinion Summaries
Myrick v. Superior Court Department
The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Petitioner's petition for relief in the nature of mandamus, holding that the single justice did not abuse his discretion in denying relief where the record did not demonstrate that alternative avenues of relief were unavailable.Petitioner sought an order requiring the superior court clerk to assemble the record for his appeal in his underlying civil action against Harvard University. The single justice denied relief. The Supreme Judicial Court affirmed, holding that where Petitioner did not avail himself of several practical and legal steps available to prompt action in the trial court, the single justice was well within his discretion in denying relief. View "Myrick v. Superior Court Department" on Justia Law
Posted in:
Civil Procedure
Trahan v. Pelczar
The Supreme Judicial Court affirmed the judgment of the single justice of the court denying Petitioner's petition pursuant to Mass. Gen. Laws ch. 211, 3 and related motions, holding that the single justice did not err or abuse her discretion in denying relief.In her petition, Petitioner requested an order requiring the superior court judge to recuse himself in civil litigation between herself and Respondent. Petitioner also filed motions in relation to the civil matter. The single justice denied the petition and all other relief sought in Petitioner's motions. The Supreme Judicial Court affirmed, holding that Petitioner could have sought interlocutory review of the judge's rulings and, as to the motion to recuse, could have directly appealed from the adverse judgment. View "Trahan v. Pelczar" on Justia Law
Posted in:
Civil Procedure
Howell v. Commonwealth
The Supreme Judicial Court affirmed the judgment of the single justice of the court denying Petitioner's petition pursuant to Mass. Gen. Laws ch. 211, 3, holding that the single justice did not err or abuse her discretion in denying relief.Petitioner was charged with assault with a dangerous weapon, and, at arraignment, a judge ordered that Petitioner be committed to the state hospital for a determination whether he was competent to stand trial. After he had been committed Petitioner filed this Mass. Gen. Laws ch. 211, 3 petition alleging violations of his due process rights. The single justice denied the petition without holding a hearing. The Supreme Judicial Court affirmed, holding that Petitioner did not demonstrate why he was entitled to review pursuant to Mass. Gen. Laws ch. 211, 3. View "Howell v. Commonwealth" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Marley v. Bank of New York
The Supreme Judicial Court affirmed the decision of the single justice dismissing Petitioner's petition filed pursuant to Mass. Gen. Laws ch. 211, 3 challenging orders issued by the Land Court in connection with a servicemember proceeding under the Massachusetts Soldiers' and Sailors' Civil Relief Act (MSCRA), holding that the single justice properly dismissed the claims and defenses.In addition to his challenge to the orders issued in connection with the MSCRA action Petitioner also asserted affirmative defenses to foreclosure of his property and claims against Respondents under various statutes, common law, and rules of professional conduct. A single justice dismissed the petition, including all requests for relief. The Supreme Court affirmed, holding (1) Petitioner did not establish a substantial claim that the Land Court violated his substantial rights in connection with the servicemember proceeding; and (2) with respect to the other claims and affirmative defenses, Petitioner failed to demonstrate the absence of adequate alternative remedies. View "Marley v. Bank of New York" on Justia Law
Posted in:
Civil Rights
Collazo v. Commonwealth
The Supreme Judicial Court affirmed the judgment of the county court denying Defendant's petition for relief under Mass. Gen. Laws ch. 211, 3, holding that the single justice neither erred nor abused his discretion in denying relief.Defendant was indicted on charges of murder in the first degree and other offenses. The trial judge declared a mistrial because the jury were unable to reach a verdict on the murder charge. Defendant moved to dismiss the murder indictment and for a required finding of not guilty, arguing that a retrial was barred by double jeopardy principles because there was insufficient evidence to warrant a conviction. The trial court denied the motion. Defendant then filed a Mass. Gen. Laws ch. 211, 3 petition seeking relief from the denial of that motion. The single justice denied relief. The Supreme Judicial Court affirmed, holding that double jeopardy principles did not bar Defendant's retrial on the murder charge because the Commonwealth presented sufficient evidence to warrant a conviction of murder in the first degree based on extreme atrocity or cruelty. View "Collazo v. Commonwealth" on Justia Law
Commonwealth v. Stirlacci
In this case involving the indictments of Dr. Frank Stirlacci and his office manager, Jessica Miller, for violations of the Controlled Substances Act and for submitting false health care claims to insurance providers, the Supreme Judicial Court affirmed in part and reversed in part the superior court's judgment dismissing several of the indictments, holding that there was sufficient evidence to indict Shirlacci on twenty-six counts of improper prescribing and to indict both defendants on twenty of the twenty-two counts of submitting false health care claims.The charges against Defendants included twenty-six counts each of improper prescribing, twenty counts each of uttering a false prescription, and twenty-two charges each of submitting a false health care claim. The trial judge dismissed the indictments for improper prescribing and uttering false prescriptions and dismissed six of the indictments against each defendant for submitting false health care claims. The Supreme Judicial Court reversed in part, holding (1) the evidence was sufficient to indict Stirlacci on all counts of improper prescribing, but Miller's status as a nonpractitioner precluded her indictment on improper prescribing; (2) there was insufficient evidence to indict either defendant for uttering false prescriptions; and (3) there was sufficient evidence to indict both defendants on twenty counts of submitting false health care claims. View "Commonwealth v. Stirlacci" on Justia Law
Commonwealth v. Preston P.
The Supreme Judicial Court remanded this matter to the juvenile court for further proceedings, holding that, for revocation of pretrial probation in the juvenile court based on a new criminal offense, the Commonwealth must prove that there is probable cause to believe that the juvenile committed the offense.At issue in this case was the standard of proof and procedural requirements necessary for the revocation of pretrial probation in the juvenile court. The Supreme Judicial Court held (1) Mass. Gen. Laws ch. 276, 58B does not govern the revocation of pretrial probation of a juvenile; (2) to revoke a juvenile's pretrial probation based on a new criminal offense, a judge must find probable cause that the juvenile committed the offense, and all other violations must be proved, at an evidentiary hearing, by a preponderance of the evidence; and (3) for a revocation of a juvenile's pretrial probation, due process requires notice of the alleged violations, the opportunity to be heard, and a judicial finding that the juvenile committed the violation. View "Commonwealth v. Preston P." on Justia Law
Posted in:
Civil Rights, Juvenile Law
Butcher v. University of Massachusetts
The Supreme Judicial Court held that the newspaper in this defamation case was not liable for republishing public police logs and requests for assistance received from a police department because the fair report privilege shielded the newspaper's editor from liability.The University of Massachusetts Boston police department received a report that an unknown man was engaging in suspicious activity near campus, and the police included an account of this report in their blotter, a daily public policy log. The news editor of the school newspaper republished the blotter entry, a version of the report, and a photograph of Plaintiff. Plaintiff was subsequently identified as the unknown man. Plaintiff bright this action against university employees and the editor, alleging that they spread false reports about him. The trial judge granted summary judgment for the defendants. The Supreme Judicial Court affirmed, holding that the report and photograph fell under the fair report privilege. View "Butcher v. University of Massachusetts" on Justia Law
Posted in:
Communications Law
Commonwealth v. Barreto
The Supreme Judicial Court reversed the order of the motion judge denying Defendant's motion to suppress evidence found in his motor vehicle following a search, holding that the exit order that precipitated the search of the vehicle was unjustified.A search of a box hidden inside the front passenger seat of the vehicle at issue revealed a large amount of cocaine and several large stacks of cash. Defendant was subsequently charged with trafficking in cocaine. Defendant moved to suppress the evidence, arguing that the search took place after an unlawful exit order. The superior court denied Defendant's motion to suppress. The Supreme Judicial Court reversed, holding that because the exit order was not lawfully issued the evidence obtained from the subsequent search should have been suppressed as fruit of the poisonous tree. View "Commonwealth v. Barreto" on Justia Law
Commonwealth v. Don
The Supreme Judicial Court affirmed Defendant's convictions and the denial of his postconviction motions and declined to grant extraordinary relief pursuant to Mass. Gen. Laws ch. 278, 33E, holding that any error in the proceedings below was harmless.Defendant was convicted of murder in the first degree on the theory of deliberate premeditation and related charges. Before the Supreme Judicial Court was Defendant's appeal from his convictions, from the denial of his motion for a new trial, and from the denial of a motion to reconsider the denial of his new trial motion. The Supreme Judicial Court affirmed, holding (1) Defendant was not entitled to relief on his argument that newly discovered medical records warranted a new trial; (2) trial counsel was not constitutionally ineffective; (3) that the trial judge did not commit reversible error in admitting evidence of the defendant's prior, failed attempts to purchase a firearm; and (4) there was no reason for this Court to exercise its authority under Mass. Gen. Laws ch. 278, 33E to grant a new trial or to reduce or set aside the jury's verdict of murder in the first degree. View "Commonwealth v. Don" on Justia Law